SALIH EL BEY v. JOHNSON (2019)

United States Court of Appeals, Eighth Circuit.

Sakima Iban SALIH EL BEY, Plaintiff - Appellant v. JOHNSON, Officer, West Memphis Police Department; McElroy, Officer, West Memphis Police Department; West Memphis Police Department; Arkansas, State of; Asa Hutchinson; Does, Congress of Arkansas House of Representatives and Congress of Arkansas Senate, Defendants - Appellees

No. 19-2384

Decided: December 19, 2019

Before BENTON, KELLY, and GRASZ, Circuit Judges.

Sakima Iban Salih, Pro Se

[Unpublished]

Sakima Iban Salih El Bay appeals the district court’s ¹ preservice dismissal of his complaint seeking declaratory, injunctive, and monetary relief following his Arkansas arrest and subsequent convictions for driving on a suspended license and careless and prohibited driving. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the district court properly dismissed the complaint because Salih El Bay’s convictions have not been reversed and a judgment in his favor would necessarily call their validity into question. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review of § 1915(e)(2)(B) dismissal for failure to state a claim); Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable D. P. Marshall, Jr., Chief Judge, United States District Court for the Eastern District of Arkansas.

PER CURIAM.

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